Summit County Court of Common Pleas, General Division Filing Timing and Cure Windows

Deadline

30 calendar days

Applies to

Transcript

When a transcript is necessary to support objections or an appeal, the moving party must file it within 30 days after filing the objections or appeal, unless the assigned judge extends that time in writing because the court reporter cannot complete the transcript.

If a transcript of the trail or hearing is necessary to support objections or appeal to the magistrate's decision or order, it must be filed with the Court by the moving party within thirty (30) days after the filing of objections or appeal unless the assigned judge, in writing, extends the time due to the inability of the court reporter to complete the transcript of the testimony.

The Clerk will not accept a foreclosure complaint for filing if the required Preliminary Judicial Report or Title Commitment, Certificate of Readiness, and supporting documentation are not presented with the complaint.

If a Preliminary Judicial Report and the Certificate of Readiness, along with all supporting documentation, are not presented to be filed at the time of the filing of the complaint, the Clerk of Courts shall not accept such complaint for filing,

Deadline

72 hours

An order to withdraw or cancel a sheriff's sale must be filed at least 72 hours before the scheduled sale.

An Order to Withdraw/Cancel a Sheriff's Sale must be filed at least seventy-two (72) hours prior to the scheduled Sheriff's Sale.

For Friday mortgage sales, the withdrawal or cancellation order must be filed by 10:00 a.m. on the preceding Tuesday.

For Mortgage Sales held on Fridays, the Order to Withdraw/Cancel must be filed no later than 10:00 a.m. on the Tuesday prior to the sale.

For Tuesday delinquent-tax sales, the withdrawal or cancellation order must be filed by 10:00 a.m. on the preceding Thursday.

For Delinquent Tax Sales held on Tuesdays, the Order to Withdraw/Cancel must be filed by 10:00 a.m. on the Thursday prior to sale.

A motion for leave to appeal de novo after nonparticipation must be filed within 30 days after the report and award is filed and demonstrate good cause.

The Court to whom a case is assigned may, upon motion filed within thirty (30) days of filing of the report and award, and for good cause shown, grant leave to a party who has failed to appear and participate in a hearing, to file an appeal de novo as hereinafter provided.

Within 20 days after the hearing, the arbitration chair must file the report and award and send copies to all parties or counsel that same day.

Within twenty (20) days after the hearing, the chairman of the Board of Arbitration shall prepare and file a report and award with the Clerk, and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.

A party seeking to appeal an arbitration award must complete both stated appeal requirements within 30 days after the award is filed.

Any party may appeal an award of the Board of Arbitration to the Common Pleas Court of Summit County, if within thirty days (30) after filing of the award with the Clerk, the party does both of the following:

Exceptions to an arbitration decision must be filed within 30 days after the report and award and may concern only improper conduct or arbitrator misconduct or corruption.

Any party may file exceptions with the Clerk from a decision of the Board of Arbitration within thirty (30) days from the filing of the report and award for either or both of the following reasons and for no other: (1) that the arbitrators behaved improperly in the conduct of the case; and/or (2) that the action of one or more of the arbitrators was procured by misconduct or corruption.

Filing exceptions tolls the 30-day appeal period until the court rules on the exceptions.

The filing of exceptions shall toll the running of the thirty (30) day period for appeal as provided in Rule 10.17 (A) herein until a ruling on the exceptions has been made by the Court.

A Notice of Appeal and a copy of the praecipe for the record of proceedings must be filed with the Court within the time prescribed by law.

The Notice of Appeal filed with the officer, agency, commission, board or other entity whose final order is being appealed, together with a copy of the praecipe for the record of proceedings, shall be filed with the Court within the time prescribed by law for such appeal.

Within 30 days after the Record of Proceedings is filed with the Clerk, the appellant must file its assignments of error and brief.

(A) Appellant's Brief Within thirty (30) days after the filing of the Record of Proceedings with the Clerk, the appellant shall file its assignments of error and brief;

Within 30 days after the appellant's brief is filed, the appellee must file its brief and any assignments of error.

(B) Appellee's Brief Within thirty (30) days after the filing of the appellant's brief, the appellee shall file its brief and assignments of error, if any.

If the appellant fails to timely file its brief and assignments of error, the Court may dismiss the appeal or otherwise dispose of the case as justice requires.

If the appellant fails to file its brief and assignments of error within the time provided, the Court may dismiss the appeal or otherwise dispose of the case as justice requires.

When additional evidence is required or permitted by law, a motion to supplement the record must be filed within 14 days after the record of proceedings is filed, supported by an affidavit requesting the evidence and specifying its nature, type, and reasons.

In all appeals where the submission of additional evidence is required or permitted by law, a motion to supplement the record shall be filed within fourteen (14) days after the filing of the record of proceedings, supported by affidavit requesting the submission of additional evidence and specifying the nature and type of additional evidence to be submitted and the reasons therefor.

Electronic filings may be submitted at any time and are considered filed when the Clerk receives the entire transmission, with confirmation of the date and time.

Electronic filings may be submitted at any time. The electronically filed document will be considered filed as of the date and time that the Clerk of Courts receives the entire transmission. All electronically filed documents shall receive a confirmation date and time acknowledgement.

A rejected electronic submission does not enter the court record and must be resubmitted to meet requirements, with a new submission date and time.

If the submission is rejected, the document shall not become part of the Court record and the filer shall be required to re-submit the document to meet the requirements. The re-submitted document shall receive a new submission date and time.

A filer may seek relief for an untimely filing caused by a specified technical failure by filing a motion with an affidavit no later than noon on the first Clerk business day after the deadline, but jurisdictional deadlines are not extended automatically.

Any e-filer whose filing is made untimely as the result of a technical failure of the Clerk of Court’s system, or of the filer’s computer hardware or software, phone lines or internet service provider (ISP), may move for leave to file instanter or for other appropriate relief from the court. Such technical failures cannot extend jurisdictional deadlines. The motion shall be accompanied by an affidavit stating the circumstances of and reason for missing the deadline, and must be filed no later than noon of the first day on which the Clerk of Courts is open for business following the original filing deadline.

Deadline

10 calendar days

Except for summary-judgment motions, opposing counsel must file a response within 10 days after receiving the motion.

Within ten (10) days after receipt of a copy of a motion, except a motion for summary judgment, opposing counsel shall prepare and file a response to the motion setting forth statements relied upon in opposition.

Deadline

14 calendar days

The assigned judge may rule on a motion after 14 days from filing and may rule earlier when required in the interest of justice.

At any time after fourteen (14) days from the date of filing of the motion, the assigned judge may rule upon the motion. In the interest of justice, the assigned judge may enter a ruling at an earlier date if so required.

The receiver must file an initial report with the court within two months after appointment, including an inventory, appraisement, and accounting of receipts and expenditures.

Within two (2) months after appointment, the receiver shall report to the Court, submitting an inventory and appraisement, including an accounting of receipts and expenditures to date.

After the first report, the receiver must file consecutively numbered semiannual reports containing accounts of receipts and expenditures and plans for future receivership operations.

Semi-annually, after filing the first report with inventory, appraisement and account, the receiver shall file consecutively numbered reports with accounts for approval of the Court by entry as to all receipts and expenditures made by the receiver during the reporting period and a summary of plans for the future conduct of the receivership.

The appellant may file a reply brief within 10 days after the appellee's brief is filed.

(C) Reply Brief Within ten (10) days after the filing of appellee's brief, the appellant may file a reply brief.

Electronic filings may be submitted with the Clerk twenty-four hours a day, seven days a week.

Any filing may be eFiled with the Clerk 24 hours a day, 7 days a week.